Terms of use

Terms of use – Yogaia

These Terms of Use (“Terms”) govern the use of Yogaia online yoga studio (“Service”) and govern the relationship between you (“You” or “User”) and Yogaia Oy, (“Yogaia” or “We”) regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.

Medical Disclaimer. Before starting any yoga or other exercise program through the Service, consult your physician to determine if such program is right for your needs.Yogaia is not a medical organization and its teachers or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis.

By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Yogaia, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time teachers may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Yogaia, or any person or entity involved with Yogaia, including without limitation its directors, principals, teachers, independent contractors, employees, agents, contractors, affiliates and representatives.

You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook.

The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.

Your Rights and Obligations

The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account.

When attending live interactive yoga classes through the Service You shall always wear proper exercise clothing and use appropriate language when contacting the instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated. Yogaia has a zero-tolerance policy on any harassment and will report all cases to police. Yogaia has the right to suspend You from using the service if you do not follow these guidelines.

Yogaia grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.

If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.

This Agreement does not entitle you to future updates, new versions or other enhancements of the application although Yogaia may choose to provide such updates etc., in its sole discretion.

Without limiting any other remedies, Yogaia may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Yogaia suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Yogaia services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and Yogaia is under no obligation whatsoever to compensate You for any such losses or results.

You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.

Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Yogaia Property”) are owned by or licensed to Yogaia, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in these Terms, Yogaia does not grant any express or implied rights to use Yogaia Property.

Yogaia may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”).

You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Yogaia Property and Additional Content only in connection with the usage of the Service. Any use of the Service, Yogaia Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.

User Content and Copyright Policy

You may interact with our yoga instructors through the Service and submit messages and/or other content to the Service (“User Content”). Yogaia does not have any duty to monitor any User Content. However, Yogaia shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

Yogaia does not claim ownership to any User Content but You grant to Yogaia a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.

Yogaia respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Yogaia becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support our email at info@yogaia.com or to our designated agent at info@lexia.fi.

Third-Party Services and Material

The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Yogaia assumes no responsibility for such third-party services and/or content in third-party services.

Payment Policy

Yogaia premium Service and any Additional Content are purchased via Yogaia website or via Apple’s iTunes store or Android’s Google Play store. When you purchase the membership, you are also subject to the iTunes or Google Play terms of service.

Paid membership
Users that sign up to Yogaia have access to limited recoreded classes for an unlimited time. To access the premium features of Yogaia, including (but not limited to) a live option to allow the instructor to see you via the web camera and provide personalised instruction (live classes) and full video library, you will have to pay via an auto-renewing membership plan from Yogaia website, Apple’s iTunes store or Android’s Google Play store. In Finland you have also an option to buy a fixed term subscription with supported sport vouchers (we may change the support for sport vouchers at our discretion). Note that if you start with a free trial of premium features, the subscription is automatically charged at the end of the free trial period unless cancelled beforehand.

Renewals and cancellations
Your subscription is automatically renewed at the end of the subscription period (except if a fixed term subscription).
You can modify or cancel your subscription at any time from within the application (if purchased online) or by signing in to your iTunes or Google Play account on your computer or iOS or Android device and changing the settings. If you cancel the subscription you can access the service normally until the end of the billing period, we will not refund the remaining the time.
For more details:
Online: You may cancel automatic renewal at any time before that date from within the Yogaia web site through your Manage subscription page: https://yogaia.com/account/
iOS: http://support.apple.com/kb/HT4098
Android: https://support.google.com/googleplay/answer/2476088

Refunds
Any purchases made are final and non-refundable, but if you feel that the service provided has not been as described please contact our Customer Service team at info@yogaia.com. Note that if your payment is managed by Apple via iTunes we are not able to process refunds ourselves and you will need to contact Apple customer service for refunds.

Pricing changes
We reserve the right to change our pricing plans at our own discretion. In this case we will try to inform you before any changes so you can modify or cancel your membership before the changes are made. We accept no responsibility for any losses you may incur by failing to change your membership plan after we have informed you of any changes to the pricing plan.

Please note that we may offer limited time promotional prices at our discretion. Those may be also personal offers and not available to everyone. The promotional prices are not available within Apple’s iTunes store or Android’s Google Play store but only via Yogaia website.

Furthermore, promotional prices usually represent a one-time discount which is only valid for one purchase, not for any recurring payments. When your Yogaia subscription renews itself after your chosen period has ended, the original price will therefore be charged to your account.

Personal Information and Security

You shall give to Yogaia correct personal and other information necessary for the use the Service. You shall inform Yogaia of any changes to such information.

Use of your personal and other information is governed by Yogaia Privacy Policy, which is incorporated herein by reference. You consent to processing your personal and other information in accordance with the Yogaia Privacy Policy, including (without limitation) transfer of such data to countries outside the European Union or the European Economic Area in accordance with applicable legislation and the Yogaia Privacy Policy.

Yogaia shall take appropriate online and physical measures to prevent unauthorised access to, improper use of and the reasonable accuracy of your personal data submitted to Yogaia via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Yogaia servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Yogaia and/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.

Support and Modifications

Yogaia shall have no obligation to provide support or maintenance for the Service under this agreement. Yogaia may, at its sole discretion, provide limited technical support for the Service.

You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Yogaia may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.

Service Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, YOGAIA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.

Indemnification

You agree to defend, indemnify and hold harmless Yogaia, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). Yogaia reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that Yogaia will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOGAIA SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.

YOGAIA SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF YOGAIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF YOGAIA EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES, PAID BY YOU TO YOGAIA DURING A PERIOD OF SIX (6) MONTHS PRECEDING THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE THAT YOGAIA SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.

Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.

Provisioning of the Service and Termination

Yogaia shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.

These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.

General

Yogaia may assign or delegate its rights and obligations under the Terms and/or the Yogaia Privacy Policy, in whole or in part, to any person or entity at any time. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without Yogaia’s prior written consent.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.

You and Yogaia agree that if any portion of the terms or if the Yogaia Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the Terms, which shall continue to be in full force and effect.

Yogaia may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the terms.

Yogaia reserves the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time by posting the amended Terms on the service, and in case of substantial changes, by email to the email address provided by You to Yogaia. You will be deemed to have accepted such changes by continuing to use the Service. If You do not agree to any portions of the then-current version of our terms, Yogaia Privacy Policy, or any other Yogaia policy, rules or codes of conduct relating to your use of the service, Your license to use the service shall immediately terminate, and You must immediately stop using the service, and You will not be entitled to any refund of the service fee. In such case please check the service on a regular basis so that You remain aware of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Service and the Terms shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.